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IRVING
POLLACK WAS INTERVIEWED BY DAVID SILVER OF THE SECURITIES AND EXCHANGE
COMMISSION HISTORICAL SOCIETY ON JANUARY 16, 2002
Irving ("Irv") Pollack worked for the Securities Exchange
Commission in various capacities from 1946 to 1980 and was appointed
Commissioner under Ray Garrett's chairmanship 1973.
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p.
17 - 23
DS: "I realize, of course, that chairmen differ from each other,
problems differ from generation to generation. But was there a change
or shift from what one might call the institutional role of the
chairman of the SEC vis-a-vis control of the commissioners, control
over the operations of the agency?"
IP:
"Yes. I think that the chairman has become more dominant in
his leadership role, particularly in recent years. I think if you
go back to the Cary days and the Cohen days and the Garrett days
and Budge (being Judge Budge) and Casey . . . Casey was a very dominant
person and probably started what I would think was the control of
the chairman over the agenda and really in the policies of the Commission
more. People like Cary, because of their personal abilities and
their personality, were able to exercise effective policy moves
on the part of the Commission. So with Cary coming in, you have
a much more intensive participation in the strategy and policy movements
of the Commission. And, of course, you have Manny Cohen and that
period, which was very effective. That period was a period of great
activity really greatly influenced from the top by the Commissioner.
And then in Judge Budge's time, he came, remember, from Idaho. He
had a feel for the smaller person and the smaller broker dealer
and that was helpful, because he was emphasizing, "Go after
the big guys. The little guys can't do that much damage, the big
guys are the ones." That western philosophy was helpful...."
DS:
"Since you mentioned the chairmen, if you had to pick out three
or four of the chairmen you've known all the time you've been associated
with the Commission, what three or four would you say were the most
outstanding chairmen and what were their contributions?"
IP:
"Well, I'd start with Cary. I think he really was the person
who established the foundation for insider trading prosecutions
and insider trader adjudication. That's something that I would give
him a great deal of credit for. Manny Cohen also had the great quality
of having tremendous knowledge of the historical experiences of
the Commission and was largely responsible for the unfixing of commission
rates. It was under his administration that that program really
got going and he was very effective. It was really an area, too,
where there were great strides made in expanding the enforcement
area of injunctions and the remedies and all of that on that area.
Casey was also instrumental in some of the areas. But I would say
two of the outstanding ones, in my view, are Cary and Cohen.
"Garrett
is probably the other one who I would put in the top three. Garrett
came in at a time when, in the history of the Commission, it was
the first time there had been any scandal at the top. That was with
respect to the appointment of Brad Cook. That got involved with
the Nixon's contributions, Stans, Mitchell, and whoever the third
one was. Garrett really ran a great Commission table, Al Sommer
was a great lawyer. Phil Loomis, who was a tremendous lawyer, was
very capable. John Evans was a very principled person with an economic
background.
"I
think that was a period recognized to have one of the best Commissions
in the history of the Commission, when you're talking about the
Commission as a whole. Garrett would listen. And remember, he was
responsible for my appointment. There would be cases where I would
take positions different from his in various matters. For example,
let's take in the foreign corrupt practice area, that kind of stuff.
Having come from Chicago, Garrett's view was, you know, this goes
on all the time, bribery and this other stuff. You can't get too
excited about that. My position was that if you allow that to happen,
once you get that corruption, it's going to spread in the organization.
You can't have these little things going on and have it permeate
up the line from the top on down.
"Whatever
the differences were, it was a pleasure, because it was a very excellent
discussion. You would have different views but they would really
be considered. I think we reached excellent judgments with good
analysis of stuff in that. That area was also one in which the Commission's
reputation really took off, despite the Brad Cook episode....
"You
know, I served under thirteen -- at least thirteen. I think -- different
chairmen of the Commissions. At this stage they all kind of mesh
together, except for the ones that stand out for a particular reason.'
*
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